Former Kiambu Governor William Kabogo on Thursday lost a trespass case against him and will now be required to pay Sh100 Million.
The ex-governor had moved to court to appeal a ruling by Justice Elijah Obaga that he had forged documents to claim a Sh3.5 billion plot in Nairobi.
Through his lawyer, Nelson Havi, he filed a notice at the Court of Appeal seeking to overturn the ruling by that found him guilty of forgery in acquiring the property.
The former county boss wanted the court to issue an instruction to cease the execution of orders pending his appeal in the Superior Court.
[caption caption="File image of Kabogo in court"]
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"Carogate investment is aggrieved by the entire decision of the High Court and has lodged a Notice of Appeal against the directive," his application read in part.
Justice Obaga, however, rejected the application stating that it lacked merit adding that Kabogo will not incur any loss in paying the damages as he fought the case in the Court of Appeal.
“As has been said now and again, the demonstration of substantial loss is the cornerstone of stay, and having found that the applicant will not suffer substantial loss, I find the applicant’s application lacks merit. The same is hereby dismissed with costs to the respondent,” The Judge directed.
Kabogo's woes started last year in October when Land and Environment Court judge directed the cancellation of the title deed held by Carogate investment owned by him.
The Judge further ordered that Carogate Investments delivers possession of the property to Aster Holdings.
“The suit property’s history is that it had been in private ownership since 1946. It ceased to be government's land; the suit property never reverted to the government as to be available for reallocation,” The Judge ruled.
[caption caption="File image of former Kiambu Governor addressing the image"]
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Aster Holdings had sued the City Council of Nairobi, the Commissioner of Lands, the Registrar of Titles, the AG, and Carogate.
